Tuesday, January 18, 2011
Posted by D. Daniel Sokol
Christopher Leslie (UC Irvine Law) predicts The End of Per Se Illegal Tying.
ABSTRACT: When making predictions about the future of antitrust law, one can err in one of two directions: making a bold prediction that is provocative but ultimately wrong or making a conservative prediction that proves accurate but safe. In my essay for this symposium in which we are asked to speculate about changes in antitrust law in the next 15 years, I pursue the safe path. I predict that by the year 2025, courts will have ceased calling tying arrangements per se illegal and will evaluate them under a traditional the rule of reason analysis.